US Citizen children birth abroad, N-600K case - 17 years and 315 days

D

Danny10

Registered Users (C)
Hi all,

For some reason my parent and I have not handled my U.S. citizenship before, but now I have appeared intent to become U.S. citizen and have U.S. Passport at the last minute.

I was born overseas (in Panama) and all my life I have developed outside the USA, also my dad that is a baby boomer (who is U.S citizen but doesn't comply with live at least 5 years in the U.S. and 2 of those post-14), but my grandfather was born, lived and grew up in USA, He was a veteran of WWII, I have full knowledge that my grandfather supplementing the time that my father has not lived in the U.S. so I can get my American naturalization by that way.

Well, There are exactly 50 days for my birthday number 18 (I'll reach 18 at 01/10/2009, I have 17 and 315 days and counting), ¿ Can I be able to deal with my dad for my naturalization by the statement 322 of Immigration filling out the form N-600k and sending it to the Offices of USCIS in the USA and then travel to USA with my parent and close the deal ? Or by the time remaining until I reach age 18 It's not enough for me to apply because the process can be extended several months?

I know that it's probable that the process isn't expedited but I don't wanna lose that chance anyways.

If so, ¿ What can you advise me ? Maybe apply for Permanent Resident or I have another way to become U.S citizen or naturalized ?

I don't want/need to emigrate to U.S. now, but I'm interested in having an option for the future, it is my responsibility by descent.

Thanks in advance !

PS. Sorry for my bad english. :(
 
ohh.. I forgot something:

Maybe I definitely have to forget the option of naturalization through my grandfather... If so, then ¿ What procedure you suggest me ?

Thnx in advance.
 
It's highly unlikely you'd be able to have your N-600K processed until you turn 18.
Unfortunately, once your derivative citizenship is out of question, having a US citizen grandparent wouldn't give you any advantage.
 
There are obscure provisions in the law and court precedents that allow deriving US citizenship from grandparents in certain situations. Consult an immigration lawyer to can find out if there is anything that is applicable to you.

PS. Sorry for my bad english.
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Your English is better than my Spanish. I'll give you a couple of hints: (1) In English we don't use the "¿" to begin a question, and (2) when describing age we say "you are" or "I am". You wrote "I have 17 years" instead of the correct "I am 17 years" because in Spanish you directly translated from "Tengo 17 años" where Tengo means "I have".
 
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Dear bertgolz & Jackolantern,

Thanks for your answers, I'll take care about that *obscure provisions in the law*, maybe It can be a route for obtain my citizenship.

An ACA (American Citizens Abroad) member told me about get the permanent resident before my 18th birthday and when I travel with my father to USA upon arrival I should be recognized as U.S citizen.

BTW I'll attend to the Consular Section of the U.S Embassy @ Panama for get more details about my chances to obtain the U.S citizen in my Urgent case.

Wish me luck cuz the time is my worst enemy right now.

Best Regards,

Danny
 
You can try, but the consulate is unlikely to help you get information about uncommon cases like yours. If you apply without a lawyer pointing out the specific laws and court cases, you'll probably get rejected.

Actually, I would say DON'T say anything to the consulate about this, because it seems that you will need at least a tourist visa to enter the US to take advantage of the law that was mentioned on the site I linked to, and if you let the consulate know what you're trying to do they probably won't give you a tourist visa.
 
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Bobsmyth said:
What nationality is your mom?

Also, the way I read INA 322(a) is that your dad must have died in the last 5 years for your grandfather to file an application on your behalf:
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You're probably right. But the grandparent provision is riddled with ifs and buts, so it is a good idea to consult a lawyer who can navigate the nuances of the law and court precedents to see what (if anything) is feasible, rather than just giving up now.
 
Dear Bobsmyth and Jackolantern,

Bobsmyth: my mom is panamanian also pls read the N-600k instructions and the own form and you will have the clarification about childrens living abroad of US Parent (father in my case) - grandfather - great-grandfather ... The INA 322 was made for cases like mine.

Jackolantern: U.S embassy can't refuse my Permanent Residence application just because I'm searching automatic U.S citizenship. It's my right as U.S citizen son by Law CCA of 2000.

BTW I have tourist visa, I issued It several months ago, It's valid for 10 years.


It's a very strange case, I'll continue searching ways for solve my situation.


Best Regards

Danny.
 
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Danny10 said:
Dear Bobsmyth and Jackolantern,

Bobsmyth: my mom is panamanian also pls read the N-600k instructions and the own form and you will have the clarification about childrens living abroad of US Parent (father in my case) - grandfather - great-grandfather ... The INA 322 was made for cases like mine.
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So are you saying your dad is no longer living since INA 322 and N-600K instructions state that in order to claim citizenship via grandfather your dad must have died in the last 5 years.?
Also, there's no clause for citizenship based on great grandfather.
 
Bobsmyth said:
So are you saying your dad is no longer living since INA 322 and N-600K instructions state that in order to claim citizenship via grandfather your dad must have died in the last 5 years.?
Also, there's no clause for citizenship based on great grandfather.
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Dear Bobsmyth

I'll explain you the INA 322 applied to my specific case.

Firstly: I live with my dad.

2nd: If my dad doesn't comply with the statement of INA about live more than 5 years in U.S territory and two years after his 14th birthday, MY GRANDPA who died in 80's (U.S citizen by birth, WWII veteran...) can complement the time that my father wasn't in U.S territory, my father only need to present in USCIS Headquarter the proof that my grandfather lived the required time in U.S. territory and I become U.S. citizen by that way inmediatly.

Now you understand the INA 322 ? hehehe.


Best Regards

Danny
 
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Bobsmyth: I know that don't exist clauses for great-grandfather... I was just trying to explain you that my dad's family are all from USA since many generations ago.
 
Danny10 said:
Jackolantern: U.S embassy can't refuse my Permanent Residence application just because I'm searching automatic U.S citizenship.
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I wasn't referring to your permanent resident application. I was referring to applying for and using a tourist visa. To them, the knowledge of you seeking permanent residence or citizenship may be seen as evidence of immigrant intent, leading them to deny your tourist visa (which is no longer applicable in your case given that you have it already), or turn you away at the port of entry.

Now that you have a tourist visa, hurry up and use it to enter the US with your father before you turn 18, to satisfy the condition "The child temporarily enters the US pursuant to a lawful admission. This does not mean that the child has to be a green card holder; only that the child entered the US legally, and is still in status."
 
Danny10 said:
Dear Bobsmyth

I'll explain you the INA 322 applied to my specific case.

Firstly: I live with my dad.

2nd: If my dad doesn't comply with the statement of INA about live more than 5 years in U.S territory and two years after his 14th birthday, MY GRANDPA who died in 80's (U.S citizen by birth, WWII veteran...) can complement the time that my father wasn't in U.S territory, my father only need to present in USCIS Headquarter the proof that my grandfather lived the required time in U.S. territory and I become U.S. citizen by that way inmediatly.

Now you understand the INA 322 ? hehehe.


Best Regards

Danny
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Ahh, makes more sense to me now. By using your grandfather's time in the US you are invoking INA 322(a)(2)(B). I read INA 322(a) to mean that your dad must have died in last 5 years in order to use your grandfather's time in US, but that only applies if you're (living) grandfather would be applying for you.(which of course he isn't).

That being said, considering that consulates are not always up to speed with the interpretations of INA 322 and your 18th birthday is quickly approaching, you face an uphill battle. Here's how USCIS views the 18th birthday cut off date.

The 18th birthday cut-off.
The entire naturalization procedure must be finished prior to the child's 18th birthday; children who reach their 18th birthdays without having already completed the USCIS naturalization procedure lose their eligibility to become US citizens under Section 322 -- even if the application has been submitted but not fully adjudicated and even if the delay is the fault of the USCIS! Parents of children who are eligible and who will turn 18 in the next 12 months should contact USCIS headquarters immediately at the above address. The USCIS is making an effort to expedite the process for children in this situation.


You may have already read the following from an ACA member, but this site has useful information on this issue:

http://www.aca.ch/sec322.htm


Realistically, with only 45 days until your 18th birthday, I seriously doubt they would be able and/or willing to adjudicate your application before Jan 10th 2009 as it takes time to verify your information, set up an interview and oath date. Sure you can try, but be prepared to loose the application fee for N-600K.
Save your money and concentrate on permanent residency instead.
 
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Good luck, if only you had started this process a few months back. I think Bobsmyth is right that the INA 322 is going to be a pretty uphill battle, but I don't want to discourage you from trying all the avenues you have. Of course your ideal goal would be to obtain derivative citizenship, but 45 days doesn't leave you much room.

Suerte amigo.
 
Dear Jackolantern, Bobsmyth and Huracan,

Thanks all for trying to help me with this unfortunate problem.

Jackolantern: The way of entry to USA using my B1/B2 visa with my dad to appeal for my citizenship through my grandfather would be a tedious and extended process with lawyer that in 45 days isn't possible close the deal. That is why I have only the INA 322 and the CCA of 2000 for get my U.S citizenship.

Bobsmyth & Huracan: It's clear that time is my worst enemy right now.

The best way to apply for citizenship should be through INA 322 because my dad RIGHT NOW has no intention to moving to USA.

I know that If He wants to apply for me as petitioner He also need an AFFIDAVIT for corroborate that He intends to work in USA and also includes me in some University or High School depending of my the case.

As you well said << I face an uphill battle >>, maybe I'll lost all my posibilities and will not continue searching ways to obtain the U.S citizenship or LPR. I also have mom and brother, I grew up here in Panama and travel alone with my father isn't an option in our lives right now.

PS. sry for my bad english if my post was so hard to understand.
 
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Dear all !

I got a speedier way to become U.S citizen through CCA of 2000.

- My father have to fill the I-130 + G-325A Form + all another necessary things and I obtain the Legal Permanent Resident status. (asking God that It'll be on my hands before my 18th birthday. The consular officer should determinate that I don't need AFFIDAVIT OF SUPPORT I-864).

When my application is approved:

- As in my case I become U.S citizen at my arrival to USA inmediatly as I said We don't need to prove any status filling the I-864 form also called AFFIDAVIT OF SUPPORT. <<HERE IS THE LINK OF THE TELEGRAM WROTE ON 2001 TO ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE FOR IR-2 IR-3 CASES LIKE MINE>>

I should fill the I-864W form also called Intending Immigrant’s Affidavit of Support Exemption taking refuge on CCA of 2000.


Asking God that the process will be approved and they sent me the Panamanian passport with the VISA of Residence glued on it a few days before my birthday then I'll travel to USA before 01/10/2009 and upon arrival I become U.S citizen.


Thanks all for support my case !!

Saludos Huracan !
 
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The link to the 2001 telegram refers to INA 320 which requires that you live in the custody of a US citizen parent in the US under LPR status:

INA: ACT 320 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired


Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:



(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.



(2) The child is under the age of eighteen years.



(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.



So unless you will be living in the US with your dad under LPR status I don't see how you intend to take advantage of the provisions of INA 320.
 
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